Michigan Lunch and Break Law
August 3rd, 2006 Posted by SarahRecently, I’ve been researching state lunch and break laws, as well as other work-hour related issues. In Michigan, the state law only regulates the meal breaks for employees under the age of 18. State law mandates that employees ages 14 to 17 be given a 30 minute meal break if they have worked five hours or more. This may be an unpaid break.
While Michigan law does not have any lunch and break provisions for workers 18 and over, residents of the state should know that they are covered by several federal regulations.
Federal law does not mandate any specific meal or rest breaks. It does, however, give guidance as to whether or not an employee should be paid during these times. Short breaks (usually 20 minutes or less) should be counted as hours worked. True “meal periods” are usually 30 minutes or more, and do not need to be paid as work time. During an unpaid meal break, a worker must be completely free of his or her work duties. If the employee is still required to do any duties (even minor duties such as answering a phone), it can’t be considered a meal or lunch period and must be paid.
Federal law also contains regulations related to employee pay during times of waiting, sleeping and traveling. Whether or not waiting time needs to be considered paid work hours depends on the circumstances.
If an employee is at the workplace and allowed to do something of his or her choosing while waiting for one task to be finished or for another to begin, it is generally considered paid work time. A common example of this might be a fire fighter reading a book at the station while waiting for fire calls. On the other hand, if an employee is “on call” at home or elsewhere and waiting to be called upon, it is not generally considered paid work time. For this to be the case the employee must also have great freedom to do what he or she wishes while on call and have plenty of time to respond to the calls.
When it comes to travel time, the principle to observe is that time spent in the normal day’s commute to and from work is not considered paid working time. However, if an employee is traveling in the course of a days work, it must be considered paid work time.
Another final issue of interest may be sleeping time. An employee required to be on duty less than 24 hours is considered to be “working” even if he or she is permitted to sleep during some of those hours when not busy. If an employee is on duty more than 24 hours, a sleeping period of no more than eight hours may be subtracted from work hours. However, this can only be done if sleeping quarters are provided and at least five hours of uninterrupted sleep may be achieved by the employee.
A listing of state and federal regulations relating to lunch and break law may be found on the Michigan Complete Labor Law Poster. This poster also features information on all other state and federal labor law requirements.
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Posted by: Bob Therriault
In Michigan, what constitutes the difference between Full time and Part time status? My Boss says I CAN NOT work over 29 hours (I’m part time) a week. Is this true? Thanks
Posted by: Sarah
Hi Bob! Michigan state law does not define what constitutes part time and full time employment. However, an employer can legally set limits on the number of hours that an employee can work. In this case, the employer may really be saying, “You cannot work more than 29 hours per week, because I can’t afford to pay you” or “You cannot work more than 29 hours per week because under company policy, that will make you a full time employee and we’ll have to pay you benefits.”
Some companies intentionally hire a lot of part time workers, to avoid paying benefits.
For a more complete discussion, feel free to post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs! ~ Sarah
Posted by: melanie
I have worked for a company for 3 years and I don’t get a lunch break or just a break. We were allowed to eat up front by the register, now the manager won’t let us do that. What can I do to fight this? thankyou
Posted by: Sarah
Hi Melanie! Unfortunately, there is no Michigan or federal law that requires employers to give meal or rest breaks to workers. Several states do have such a law, but Michigan is not one of them.
However, most Michigan employers that do not give workers a break, permit employees to snack at the work station. OSHA regulations require that workers be permitted to drink water.
It is not reasonable for an employer to expect an employee to put in an 8 hour shift without eating anything — but it is legal in Michigan. Most employees in this situation would simply look for another job. For a more complete discussion, post your question on our sister site at http://www.laborlawtalk.com. And, thanks for reading the blogs!~ Sarah
Posted by: jesse
If I wanted to report a company or companies for not taking taxes out who would I contact ? And can I stay anonymous?
Thank you for your time!!
Posted by: Sarah
If you believed that an employer was illegally paying workers “under the table”, you could report that to both the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov, and the Michigan Department of Labor and Economic Growth (or DLEG) at http://www.michigan.gov/dleg. You can post additional questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Sarah
Posted by: Albert Ranella
Is it legal for my employer to deduct 30 minutes for 8 hours and one hour for more than 8 hours, for lunch while I am driving for them bringing cars back to their dealership?
Posted by: Amelia
Hi Albert! No, this is almost certainly not legal. Under both the federal minimum wage law (called the FLSA) and the Michigan minimum wage law, employees must be paid for all the time they work. The employer cannot automatically deduct pay for a break that the worker doesn’t receive.
The employer can require that you take a meal break. The employer can even fire you if you refuse to take the breaks. But if you fail to take a break, the employer must pay you for the time you actually work.
You should point out this problem to your supervisor ASAP. If it is not cleared up within a few weeks, you can file a complaint with the U.S. Department of Labor, Wage and Hour Division at dol.gov.
Although Michigan law does not require breaks for employees in most industries, the U.S. Department of Transportation has break requirements for truck drivers, that may apply. For more information, post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Claudia
I work for a car dealer and when they need me to work they call me in. For instance they will call to tell me to come in at 9AM. When I get there the office manager tells me not to ring in because the paper work isn’t ready. My question is: Should I be ringing in or am I suppose to be waiting there on my own time until they get the paper work ready?
Posted by: Amelia
Hi Claudia! Both federal and Michigan law prohibit this. When an employee reports to work at the employer’s request, the employee must be paid. Even if the employee is sitting around on the employer’s premises waiting for work to become available, the employee must be paid for the waiting time.
Read more about this under “On-call time” here: http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
We suggest that you share this information with the car dealership. We bet once you do, you will find that you are not called until the paperwork is ready. You can also post questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading!~ Amelia
Posted by: Meghan
I was employed with my previous employer since the age of 16 and am now 21. When I first started working there, they only paid 1 dollar more an hour for overtime. Now, they don’t offer overtime because he doesn’t want to pay the extra money. Also, I work 12 hour days with no break at all… is that legaj?
Posted by: Amelia
Hi Meghan! There are no Michigan or federal meal or break laws, so it is probably legal for an employer to require you to work 12 hours per day with no break. It certainly is not considered a best practicein HR, but it is legal. OSHA regulations require that employees be permitted to use the bathroom when nature calls, and to drink water on duty.
Both federal and Michigan law require that employees be paid overtime when they work more than 40 hours in a payroll week. There are a few exceptions (for example, agricultural work) but in most cases, when an employee works 41 hours in a payroll week, he or she must be paid 1 hour of overtime at a rate that is 1.5 times the employees usual rate of pay.
However, there is no law that an employer must give overtime to workers. If the employer is telling employees they must not work more than 40 hours per week, that is perfectly legal. If the employee does work more than 40 hours per week, however, the employer must pay overtime. It is not optional.
This law is enforced by the Michigan Department of Labor and Econimic Growth at http://www.michigan.gov/dleg/0,1607,7-154-27673—,00.html as well as the Wage and Hour Division of the U.S. Department of Labor at http://www.dol.gov.
We suggest that you report the overtime violation to the state first. HTH, and thanks for reading the blogs!~ Amelia
Posted by: robin
If I am not paid for my 30 minute lunch and choose to sleep in my work truck during that thirty minutes, can they discipline me for sleeping on the job?
Posted by: Amelia
Hi Robin!
Maybe, if it is a violation of company policy. Generally employees may be allowed to sleep on their breaks, and if you were sleeping in your personal vehicle, you would probably be in the clear. But, when you are in the company truck, you are representing the company.
Suppose John is a city snowplow driver. During the middle of a blizzard, when the roads are not being cleared, a TV news team films John sleeping in his truck. Can you see how that would make the employer look bad? In this case, John would probably not be disciplined for sleeping in the truck. He would probably be disciplined for conduct that presented the employer in a bad light. Most companies have rules against that, although they can be phrased differently. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Brenda
We have an electronic/fingerprint timeclock that only our Boss (owner) has access to. He adjusts and edits each employees start and stop times etc. I understand that he can do the start time based on your start time regardless of when you punch in..but he is now adjusting the stop times by the 7 minute rule.7 minutes is now zero and 8 minutes is now 15 minutes. We never see what your hours were and then become? Is this against the law and where may I find it written out? Is there anywhere you can have them investigate without using your name…? Thanks
Posted by: Amelia
Hi Brenda! Actually, you have it backwards. If an employee clocks in early and starts to work, the employer must pay the worker for that time. The employer can discipline or even terminate the employee for not following company policy (by clocking in early) but the employee must still be paid.
Many, many employers use the 7-minute rule and it is perfectly legal. Usually there is no need for the employer to change the times punched. The time the employee clocks in is merely rounded to the nearest 15 minutes. When an employee who clocks in at 7:55 a.m., it is rounded to 8 a.m. When an employee clocks out at 4:08 p.m., it is rounded to 4:15 pm. In this example, the employee actually worked 8 hours and 13 minutes, but is paid for 8.25 hours (or 8 hour and 15 minutes.) Most timeclock programs round this way automatically, and there is nothing illegal about it as long as the employer uses it consistently.
For your own satisfaction, keep a written record of the times you clock in and out. If you find the employer is not paying you for all the time worked, you can report this to the Wage and Hour division of the U.S. Department of Labor at http://www.dol.gov. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Brenda
I guess what I am trying to say is that for example…if an employee punches out after 4:58 minutes..they are not docked a lunch and if you punch out at 5:01 you are docked for a lunch when in reality neither employee may have had a lunch due to a short day. Also, the employee never sees the altered times to know if they are or are not being paid for the correct hours but rather just a grand total on their paycheck. I do the payroll and it is frustrating to the people. So there may be days when the employees do not get a lunch according to the supervisor and are docked anyway and they would not know possibly if they were or weren’t docked due to no timecards they can see and touch but the fingerprint way. I understand the above 8 minute answer but doesn’t seem fair to the people who punch out at 4:07 lets say…and they have no clue that they will only be paid to 4PM.
Posted by: Amelia
Hi Brenda! Thanks for clarifying. If the employer is deducting a meal break that the employee did not actually receive, that is illegal in all 50 states. The employer is violating the law under the FLSA, the federal Fair Labor Standards Act, which requires employees to be paid for all the time that they work. (The employer is also in violation of the Michigan minimum wage law.) The employer has the right to discipline or terminate an employee who does not take the required breaks, but not to avoid paying them. As payroll person, you may want to point this out to the employer, in case he is unaware that he is breaking the law. The solution, of course, is for the employees to take breaks when they are required to.
The theory behind the “seven-minute rule” is that half the time it is in the employees favor, and half the time it is in the employer’s favor, so it works out even. In our experience, most employees figure this out very quickly and will clock out at 4:00 p.m. or 4:08 p.m.
Most businesses today use computerized timeclocks with no timecards.The best practice in HR is to print out a report showing the clock-in and clock-out times for all employees, and the total number of hours worked. The employees sign the report when they receive their paychecks, verifying a) that they have received their paycheck and b) that the hours are correct. It would be wise for your employer to introduce this procedure. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Joe
Hello, I was interested in finding out a little more about punch clocks. My employer was using a punch clock that kept track of our work time down to the last minute on our punch cards. So, if we worked 40hrs 13min the pay was rounded down to 40hrs. But if it was 40hrs 15min, we were paid for 40.25 horus. This would be a running total throughout our pay period. Then last summer the manager of the plant changed punch clocks to where it only records in 15 minute intervals even though the punch clock still clocks in and out the same way.
The reason I say this is twofold. When I start work in the morning it is on a production line. There is many instances where the production line begins 5-6 minutes before our scheduled time. For instance, if our day began at 7:00 the employee Handbook states we cannot punch in later that 6:59. But in reality, the line is starting at 6:54-6:55.
The other reason is the production line works for an 8hr day. With a 30 minute lunch. So, our day ends at 3:30. Well, the production line begins early and ends late most days. There is days where we are working over 10-15 minutes of our own time daily outside of our scheduled start and end times. We are not allowed to punch out until 3:31, But if we are kept until 3:36, are we to stay on the line until finished or do we have an option to refuse?
According to my estimates, in a 10 day pay period, I am 100-120 minutes over what the punch clock is paying. The question is this, if the employer was tallying and paying these 1/4 hr. sums before for “Real” total worked hours, are they able to use the “New” total worked hours formula?
Posted by: Amelia
Hi Joe! The answer to your question is: Yes, this is legal. The employer can set the time clock to round all employees hours to the nearest 15 minutes, and in fact, most do. So when an employee clocks in at 6:52, his time is rounded to 6:45. When the employee clocks in at 6:54, his time is rounded to 7:00.
If the employer was requiring that you begin work at 6:54 but not clock in until 6:59 or 7:00, that would be illegal. If you were required to work until 3:36 but made to clock out at 3:31, that would be illegal. But simply rounding the time to the nearest quarter hour is not.
An employer can use one method of calculating payroll time, and then change it, as long as the change is uniformly applied to all employees. If the employer rounded the time when you clocked out late, but not when you clocked in early, that would be a problem legally.
Yes, with the shifts as you describe them, this can result in you working as much as 12 minutes extra each day. Only you can decide if this job is worth keeping, knowing that you are contributing the extra 12 minutes.
Many, many people right now would be glad to have a manufacturing job, even if they had to work an extra 12 minutes each day to keep it. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Steve
Is it required by michigan law for employees to have a break/lunch room separate from their work area? I work in a shop that is dusty and it is nice to get away from the area for a half hour lunch. Thank you!
Posted by: Amelia
Hi Steve! No, there is no requirement that an employer furnish a break room in Indiana. Very, very few states have such a law. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Andrew
I live in Michigan, and I was wondering about a couple of things. First, is it legal for an employer to set a time clock 5-7 minutes fast, then require you to punch in based on that clock, but punch out based on an actual time clock? The way it’s set up now, They would require that I punch in for a shift at 6am (5:55 actual time) and clock out at 2:00 (2:05 time clock time)?
Also, is there any law regarding working more than 8 hours in a day? (For instance, if I didn’t want more than 8 hours?)
Posted by: Amelia
Hi Andrew! If we understand your question correctly, the employer has two separate time clocks. The first is set 7 minutes fast, the second is accurate. Employees are required to punch in on the first clock and out on the second clock. This way, the employer cheats every employee out of 7 minutes pay, every day. No, this would not be legal. If that is the situation, contact both the Michigan Department of Labor and the Wage and Hour division of the U.S. Department of Labor.
However, if the employer merely had one time clock, and kept it set 7 minutes fast, that would be entirely lawful. It would also be lawful for the employer to schedule employees to work from 5:55 to 2:05, as long as they were paid for all the time they worked.
It is entirely lawful for the employer to require that a Michigan employee work more than 8 hours in the day. The employer can require an employee to work 10, 12, 16 or more hours per day, every day. The employer can discipline or terminate any employee who does not. HTH, and thanks for reading the blogs!~Amelia
Posted by: Bob
I have a question. I do tree work and have so for many years. We used to work 10 hour days with 2-15 minute breaks(paid) and half hour unpaid lunch. Just recently they went to 9 hour days 1-15 minute morning break at ten a.m. and a half hour unpaid lunch and then work from 12:30p.m.to 5:00p.m. without a break. This is very strenuous work. From 5 ten hour days to 6 nine hour days. Can they do this?
.
Posted by: Amelia
Hi Bob! Unfortunately, yes the employer can do this. There is no Michigan law requiring meal or rest breaks for employees 18 or over, so the employer could even cut out all breaks and still be within the law. Under federal law, the rest break is paid, the lunch can be unpaid. As long as the employer pays overtime, they can also change the workweek from 50 hours to 54 hours per week. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Scott
Hi,
I live in Michigan and work for a technical service company. We’ve been informed that we will no longer be paid for travel time to and from a contracted job that has a fixed price. That is whether it is in the city limits or 2 hrs away! However,we WILL get paid travel time if it is a billable time and material job. What is the law regarding paying for travel time of hourly employees.
Posted by: Amelia
Hi Scott! No, this policy is not entirely legal. The relevant statute is the FLSA, the federal Fair Labor Standards Act, which is the minimum wage law. (Michigan law does not cover this issue.) The FLSA requires that travel time outside the normal commuting range (for the area) must be paid. In addition, if the employee is transportion personnel or supplies, or must report to the office first, the employee must be paid for travel time.
The regulations on travel time are fairly complex, and the U.S. Department of Labor has an eLaws advisor for them at the link below. HTH, and thanks for reading the blogs!~ Amelia
Read more about this at: http://www.dol.gov/esa/whd/regs/compliance/whdfs22.pdf
Use the U.S. DOL eLaws Advisor on Hours Worked at: http://www.dol.gov/elaws/
Posted by: Mary
We are using the 7 minute rule but how this rule play into place if an employee work 8 hours a day five times a week= 40 hours, let say work from 8-5 with an hour lunch break. What if my employee only took 30 minutes lunch is that mean I have to pay him/her extra 30 minutes?
With the 7 minute rule; if she clock in let say 8:05 pay as 8:00 right? This is where I am confused when they take lunch, is lunch is part of 7 minute rule? Let say she clock out lunch 12:10 then came back from lunch 12:44, so only took 34 mins lunch will this be equal to from 8:00-12:10= 4.00 total worked so far, 12:10 (7 minute rule will be 12:00) then clock in from lunch 12:44 end work at 5:00pm=total worked 5.5 . This employee end up look like she work 9.50 but she is only scheduled to work 8 hours a day, since she only took 30 mins. lunch and really the supervisor didn’t ask her to clock in early from lunch,is the employer responsible to pay her for 30 minutes? Even without supervisor signature? We have memo that they must take an hour lunch.
Also another issue, if hourly employee work straight from 11:00 am to 5PM and did not take lunch due to very busy, would he get paid 6 hours or we can automatically deduct 30 mins lunch from his hours?
Thanks.
Posted by: Amelia
Hi Mary! We have the answers to all your questions. You might also want to post them on http://www.humanresourceblog.com, our site that specializes in answering questions from employers.
Yes, if the employee takes a 30-minute lunch break instead of a one-hour lunch break, the employee must be paid for all hour worked. Both the federal and Michigan minimum wage laws require that employees be paid for all the time they actually work. If the employer has a policy in place requiring employees to take a one-hour break, the employee can be written up or fired for violating the break policy — but the employee still has to be paid for all the time they worked.
You cannot “automatically” deduct a break that an employee did not take, ever. Walmart recently paid more than $10 million in back pay and overtime to employees, after the U.S. Department of Labor caught them doing exactly that. It’s against the law, and it’s not worth it.
The 7-minute rule is not that complicated. In fact, it was invented to make figuring time cards easier. It simply means that when the employee clocks in or out, that time is rounded to the nearest 15-minute segment. If the employee clocks in at 8:05, that is rounded to 8:00 under the 7-minute rule. If the employee clocked in at 8:10 instead, that would be rounded to 8:15. T
he rounding applies every time the employee punches the clock. If the employee clocks in and out 12 times a day, each time clock punch is rounded to the nearest 15-minute increment. It would be unlawful for you to apply the 7-minute rule sometimes when the employee punches in or out, and not at other times.
In your example, suppose the employee clocks out for lunch at 12:10. That is rounded to 12:15 under the 12-minute rule. She then clocks back in from lunch at 12:44. That is rounded to 12:45 under the 7-minute rule. So this employee was on lunch from 12:15 to 12:45 — exactly half an hour.
To figure how much time the employee worked for the day: she clocked in at 8:05, which is rounded to 8:00 and worked until 12: 10, rounded to 12:15 — that is 4.25 hours (4 hours and 15 minutes.) Then she clocked back in at 12:44, rounded to 12:45 and worked until 5:00 pm. That is 4.25 hours again, for a total of 8.5 hours worked during the day.
This employee must be paid for the 8.5 hours that she actually worked, even though she violated company policy by not taking an hour break. She can be written up or terminated for not following the break policy, but under both federal and state law she must be paid for the time she worked. The same is true of the employee who wored from 11 am to 5 pm with no break — she must be paid for the entire time. (It would not even be appropriate to discipline that employee, since we assume her supervisor wanted her to work straight through, due to the volume of business.) HTH, and thanks for reading the blogs!~ Amelia
Posted by: james
Here’s a question I’ve yet to find a clear answer to:
My employer’s time clock runs through the POS system, where we clock in and out at the registers. When you punch in (or out), it can say one time, yet record another. Example: I punch in and the clock in the corner of the screen says “10:00″, so I believe I punched in at 10:00. Yet, it records the time punched as “10:01″, because the system changes the recorded time to the next minute forward if it is over the 29 or 30 second mark of the minute. However, “10:00″ is still displayed until the real time has moved the full minute to 10:01.
Here’s the complication: I am treated as “late” because the time recorded is used versus the time displayed when I punched. You are unable to see your actual punch time until approximately 10-15 minutes have passed, and the timeclocks update the punches. Now, the employer uses my lateness as a strike against me, and that incident can be used to fire me, if these accrue to the total point value they have set up in their attendance policy (which is very vague to say the least).
Which can the employee trust: the actual time they saw being displayed when they punched in, or the timeclock’s recorded minute-late, which is not shown?
Posted by: Amelia
Hi James! From an employment law perspective, what the employer is doing is entirely lawful and ethical. Their timeclock system automatically rounds punches to the nearest minute. Since it rounds both the time you clock in and the time you clock out, it is legal. (Some employers who do not use POS systems round up to 7 minutes, so an employee who clocks in at 8:08 is paid beginning at 8:15. This is also lawful.)
So the rounded time is the one you should use, and not the time displayed on the computer screen.
The solution, of course, is for you to punch in by 9:59. That way, even if the POS system rounds the time to the nearest minute, you are still on time. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Katie
I was at work today waiting to see if i was going to get a lunch break, which would be an hour long (i understand they arent required to give me one). Now i work from 9am to 4pm, is it right for my boss to expect me to go to lucnh and 2:50pm? i drive home for lunch when i get a lunch and thats 20min there and back, is it ok for him to do that and expect me to drive all the way back to work for 10 minutes?
Posted by: Amelia
Hi Katie! We agree that this is less than reasonable, but unfortunately it is entirely legal. Your employer would argue that he is not “expecting” you to drive anywhere — you are free to stay at work during your lunch break if you like. But we agree that this is way too late to be taking a meal breakwhen you get off at 4pm. If it happens regularly, you should try to discuss it tactfully with your boss. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Rachel
I am an assistant manager and usually only run the store with one other employee. We get half-hour unpaid lunches and ten minute unpaid breaks. Because I am the only manager in the store I cannot leave and perform my duties even during my breaks. I have heard that I am required to be paid if this is happening. Is this true?
Posted by: Amelia
Hi Rachel! Those are actually two separate questions. In Michigan as in most states, the break can be unpaid even if the employee must remain on the premises. In fact, many employers never allow any worker to leave the premises during a meal or rest break.
If you are regularly or constantly being required to take action during your break, then you should be paid for them. Suppose you are halfway through your meal break and are summoned to approve a check, which only a manager can do. That would entitle you to payment for the entire break. If this happens every time you take a break, then you are entitled to payment for the breaks. However, if you are simply in the store during your meal break (in the back room eating), the break is 20 minutes long or more, and you are not summoned to work a register or handle a customer complaint during that time, the break should be unpaid.
As assistant manager it is part of your job to schedule breaks (for yourself and for other employees) at a time when they are unlikely to be disturbed. HTH, and thanks for reading the blogs!~Amelia
Posted by: JODY
Message what is law about not getting lunch on a saturday after u already put in over 40hrs during week. we work 9 am to 6pm with 30min lunch break unpaid..plus work saturday 9am to 3pm…but are not suppose take lunch on saturday …No written rule is in place just what someone said. can i take lunch and get paid. also if paid a set amount without overtime pay am i required to work the overtime.
Posted by: Amelia
Hi Jody! Since there is no Michigan law that requires an employer to give meal breaks to workers over the age of 18, that includes Saturday. You can always ask your supervisor if you are permitted to take a lunch break on Saturday, but our guess is that it will be unpaid.
Salaried employees can be either exempt or non-exempt. Salaried exempt employees are not entitled to overtime when they work more than 40 hours per week. Salaried non-exempt employees are entitled to overtime when working more than 40 hours per week, under both Michigan and federal law. If your lunch breaks are unpaid, you are most likely a non-exempt employe — but search our archives for more information if you are not sure. HTH, and thanks for reading the blogs!~ Caitlin
Posted by: missy
my employer is prohibiting everyone from leaving the premises on their unpaid 30 minute lunch break, is this legal? can they do this? are they breaking the law?
Posted by: Amelia
Hi Missy! This is entirely legal. The employer can require that employees remain on the premises for their meal break. As long as the employees are relieved of all duties, the employees need not be paid for the meal break. A few states have laws that require the employer to pay workers who are not allowed to leave the premises, but Michigan does not. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Katy
Hi Sarah,
When is Michigan going to get some new labor laws, such as lunch and break laws? My daughter also works in Michigan and is standing on her feet for 8 hours or more, and just informed me they get NO breaks and NO lunches! This is ridiculous. Michigan definately needs some new labor laws! I hope to hear where they have improved this topic tremendously!
Katy
Posted by: Sarah
Hi Katy! That is up to the voters in Michigan and their representatives in the state legislature. If you are a voter in Michigan, then the solution here is to get politically involved. HTH, and thanks for reading the blogs!~ Sarah
Posted by: Katy
Sarah,
I lived in MI all my life up to 6 yrs. ago and always voted. I haven’t ever seen anything about lunches/breaks that I could vote on. I no longer reside there but all my family is there. Can you give me some information of how they can contact someone about this topic, that would get results?
Thanks,
Katy
Posted by: Sarah
Hi again, Katy! In order for Michigan to have a break law, it would have to be passed by the state legislature — like any other law. State representatives are elected by the voters. So the first step would be for you to contact your representatives in the state legislature and let them know this issue is important to you. You might also consider starting a petition to have other registered voters sign, volunteering for a candidate who supports a break law or attending meetings and asking candidates where they stand on this issue.
Generally, representatives pass laws when they believe those laws are important to the voters in their district. HTH, and thanks for reading the blogs!~ Sarah
Find your state rep at: http://www.legislature.mi.gov/(S(jmhnlr555ciaoc55×5t51p55))/mileg.aspx?page=home
Posted by: Sherry
Are there any laws for commission sales positions? i.e. overtime, time off, sick time, breaks or pay rate?
Posted by: Amelia
Hi Sherry! Most commissioned sales people are exempt employees, and all of the regulations that apply to other exempt employees under federal and state law apply to salespeople, including the Michigan break laws. There is no law that exempt employees must be paid overtime. There is no law that exempt employees must receive sick time. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Dan
I work as a mechanic in a forklift dealership in Michigan. “F” bombs fly all day. My Question is my supervisor allowed to call me a “F”er when Im trying to talk to him about a serious problem? I.E. “All you “F”er’s are overpaid cry babies.
Posted by: Amelia
Hi Dan! Your supervisor is not going to win the “manager of the year” award any time soon, but what he is doing is legal.
There is no law against profanity in the workplace. If there were, many police departments and construction sites (as well as other employers) would have to shut their doors. This is true even if the profanity is aimed at an employee. So yes, your supervisor is permitted to call you an F*er. If he threatens bodily harm, or touches you, those actions are illegal. So if he tells you to “Get out of my f*ing face or I’ll hit you” or shoves you, that should be reported to the police. However, what he is currently doing is legal. HTH, and thanks for reading the blogs!~Amelia
Posted by: Kim
Hi,
I hired in with an employer who has no policy and procedure manual/handbook/etc. The rules and such change on his whim, and now I’m being written up. I’m also being told a couple of things and I want to know if they are legal (I’m in Michigan):
1. I am required to take the work cell phone home overnight and answer calls-it was accidentaly broken, and now I’m being told I have to pay for replacement, nothing was ever written/signed saying I’m responsible-do I have to pay?
2. I’m being written up for not following proper procedure, but there is no written procedure, as I said, it changes as my bosses mood changes.
One day I’m told, 2 write ups of this kind, and one of this result in you being fired for failure to follow procedure, then the next the amounts change.
My boss has actually said to me: If you continue to get written up, you will be fired and you won’t be able to collect unemployment because you didn’t follow procedure, and I know you just got that new car you’re paying on…
Is this legal, and is he right? (Remember-there’s no procedure manual and nothing in writing about “write ups”.)
THANKS!
Kim
Posted by: Amelia
Hi Kim! Obviously, this employer sounds like a real piece of work. We hope you will find a different job as soon as the economy picks up.
1) No, the employer cannot make you pay for the broken cell phone, because nothing is in writing. Under Michigan law, deductions of this type can only be made to the employee’s paycheck when the employee has previously agreed, in writing, to the deduction.
2) The employer is partially right here. Michigan is an employment-at-will state, meaning the employer can fire any employee, at any time, with or without a reason. So he certainly can fire you for “violating company policy” even if those company policies exist only in his head, and change from minute to minute. However, it is very likely that you will be able to collect unemployment benefits if you are fired, because he is making up the “policies” as he goes along. It would work like this: he fires you. You apply for unemployment beneifts. You are denied, because he says you were fired for cause. You appeal, and point out that you could not possibly have known what the “policies” were, since they were not written. Most likely, you would win unemployment on appeal. (This would not work if you violated the same policy several times.)
We will also note that it is quite possible that this employer is breaking the law in other ways, such as not paying unemployment insurance taxes.
An honest, reputable, reasonable employer does not try to control employees with threats like “I know you just got that new car you’re paying on…” That’s why we hope you are looking for a new job. HTH, and thanks for reading the blogs!~ Amelia
Posted by: steve
So what you are saying that it is okay for an employer, or supervisor, to ridicule an employee? When does verbal abuse occur? I understand that verbal abuse is not allowed at the workplace, by the employer or anyone else, in Michigan. I need to know the facts, and where to find the law regarding this issue.
Posted by: Sherry
I work in commission based sales. We are allowed to come in and work on our days off to make more sales, however, depending on the manager’s mood and the month, some of our staff have been told not to put down extra hours worked on our time cards because they were not “scheduled” on that day. Our extra hours may also include going to a clients home on our day off for work related business. This usually happens when they are trying to micro-manage people and threaten them with their job for not doing well enough with sales and they are not making enough in commission to cover minimum wage. Is this legal? They also say that if we sign a form stating their right to fire us for not writing a specific amount within a three month period, that if it is signed with a witness from the company there, they will not be responsible for paying any unemployment. Is this just harrassment? Or is it the truth?
Posted by: Amelia
Hi steve! Unfortunately, the information you have been given is incorrect. There is no Michigan or federal law that forbids verbal abuse in the workplace. Sexual harassment is illegal. So is a hostile workplace if it is based on the employees race, color, national ancestry, sex, age, disability, etc. However, simply being rude, swearing or heaping verbal abuse on employees is lawful.
Obviously this is not good management and it’s a bad practice. But it is not illegal, in Michigan or elsewhere. Sorry, wish we could be of more help. ~ Amelia
Posted by: Amelia
Hi Sherry! If you are an hourly employee, under both Michigan and federal law, you must be paid for all the time you work. This would be true, even if your supervisor specifically told you NOT to come in on Saturday, and you did anyway. You are also entitled to payment for the time you spend at a client’s home on work-related business. You and any other employees who are affected should file wage claims with the Michigan Department of Labor and Economic Growth, or the US Department of Labor.
Also, the employer is bluffing. In most cases, when an employee is fired for reasons beyond his or her control, the employee qualifies for unemployment. Suppose you knowingly steal a computer from work. That is within your control, and you would not qualify for unemployment benefits. However, if you simply do not sell enough product, despite your best efforts, that is probably not within your control. In that case, you would qualify for unemployment benefits. HTH, and thanks for reading the blogs!~ Amelia
Posted by: mary
hi, i want to know if it’s legal for the company i work for make us clock out in the break room and then we have to wait for managment to come and check us out at the door? alot of times it can be 5 to 10 minutes waitting for them off the clock so we can go home.
Posted by: Amelia
Hi mary! No, under the federal FLSA or Fair Labor Standards Act, you must be paid for all the time that you are required to remain on the employer’s premises. So you must be paid for the 5 to 10 minutes spent waiting for the supervisor to check you out at the door. You should keep written records of the amount of time you are required to wait, and file a wage complaint with either the Michigan Department of Labor and Economic Growth or the US Department of Labor. Also encourage your coworkers to file claims. HTH, and thanks for reading the blogs!~ Amelia
Posted by: mary
hi, i have a question. i’ve worked at the same place for 7 years and every summer they turn the air condition off on us to work in . but in the office. we work hard there are no windows that open so there’s no air current but we get very hot working. Also in winter it’s freezing they turn the heat off on us . is this legal? thanks mary
Posted by: barb
what are michigan labor laws pertaining to an employee that has to take 2 - 20-30 minute breaks per day to “pump” for her little child.
is the employer required to pay her for that time?
Posted by: Amelia
Hi barb! Several states have laws that require employers to provide unpaid time and a place for a breastfeeding mother to pump milk for the infant. Michigan does not. However, generally these breaks can and should be unpaid for hourly workers. Exempt employees, of course, are entitled to the full day’s pay.
Note that under federal law, if the breaks were less than 20 minutes, the employer might be required to pay for them. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Amelia
Hi mary! There are no specific regulations for general industry about the temperature in the workplace. Employees work outside in 120-degree heat in the summer in Texas, and in sub-zero cold in Chicago in winter. However, in some cases OSHA requires employers to take steps to reduce the risk of heat stroke in summer, or hypothermia in winter. If you believe the working conditions are unsafe due to extreme temperatures, you should contact OSHA at http://www.osha.gov. HTH, and thanks for reading the blogs!~ Amelia
Posted by: debbie
I am working overnight at a Retail store I have the key to the store when we go on breaks (paid) and lunch(unpaid) we are told we can not leave the building . If you are not paided for your lunch that is your time .I would like you could do anything as long as you where back in 30 min that how long the lunch break are .Instead we are not allowed to unlock the door for air or smoke on our lunch is this right in michigan?
Posted by: debbie
day crew can leave the building why not the night crew?
Posted by: Amelia
Hi debbie! Sorry, but the employer is right in this case. Under Michigan and federal law, a meal break of 20 minutes or more can be unpaid as long as the employee is relieved of work duties. This is true, even if the employee is required to remain on the premises. In fact, it is very common for employers to require the employee to remain on the premises. (The same is true of breaks, but if they are shorter than 20 minutes they must be paid.)
A Michigan employer can also make the entire property non-smoking, which would mean that you cannot smoke from the time you come to work until the time you leave. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Amelia
Hi again, debbie! An employer can legitimately have one set of rules for day shift employees, and another set for the night crew. These rules may very well be for your safety, or they could be to prevent employees from stealing. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Bridgette
Can an employer in Michigan decrease an employees pay and hours for missing a week of work when sick? I had sick days and also a doctor excuse that said I couldn’t return.
Posted by: Amelia
Hi Bridgette! It’s hard to answer your question without knowing all the circumstances, so the answer has to be “maybe.” There is no law that an employer must provide paid sick leave to employees. If the employer does provide it, the employer makes the rules regarding sick leave. If you do not comply with those rules, then the employer can in fact dock your pay for time away from work, whether you are an hourly employee or an exempt employee. Our best guess is that the employer thinks you did not follow the sick leave policy somehow.
If the employer has granted paid sick time to other employees in similar circumstances, then this could be illegal discrimination. But again, we would have to know more about it. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Sherry
My co-workers and I were talking about work and how our one boss seem to constantly be interrogating and belittling us. (Us meaning everybody on the staff that is a woman who he feels he can pick on. It’s not sexual harrassment in any way, just very condescending and makes you feel like you are constantly doing something that is wrong. I don’t feel that I and the other employees are being micro-managed due to performance because we are a combination of the top and middle writers at a commission based showroom. Are there any laws pertaining to the stress level from an employer. Maybe creating an unhealthy environment through emotional stress or something? I appreciate your reply!
Posted by: Amelia
Hi Sherry! Unfortunately, no, there is no law limiting the amount of stress that an employee can be subjected to.
However, this conduct may be illegal discrimination if women are treated differently than men in very similar situations. Suppose Ted and Jane have the same sales for last month. The employer calls Jane into his office and loudly berates her at least once per week about her sales, while he barely mentions it to Ted. This is illegal discrimination based on sex — female employees are being treated differently than male employees. If you think this is the case, your first step would be to keep a written record of incidents where a female is treated differently than a male in similar circumstances. Once you have that information, you can approach the HR department or file a complaint with the EEOC.
However, if the boss interrogates and belittles both Ted and Jane, then in HR we call him an “equal opportunity a-hole”. His conduct is poor management, but it is lawful. If this person has a supervisor, or there is an HR department (even if it is at the corporate office) several of you should get together and bring this behavior to their attention. You may want to present it as “our boss may not realize it, but he is harder on the women who work for him. We just don’t want the company to get in any trouble due to what appears to be sex discrimination.” Or you may present it as “we respect our boss but think some of his interpersonal communication is not effective or respectful.” When one employee complains he or she may be regarded as a troublemaker, but when a number of employees complain about the same issue at the same time, it suggests there is a real problem. Feel free to post any additional questions you may have. HTH, and thanks for reading the blogs!~ Amelia
Posted by: Bridgette
To try and further explain my situation, I started getting sick and after checking me over,the doctor I work for told me I just had a cold. I felt worse by the next day so he said he would give me an antibiotic to help me out and I left work to go home and rest. I continued to get worse so I went to an emergency walk in center. They did some testing and said I had the flu and needed to stay home for 5 days before returning to work. They even gave me a written excuse and sent copies of all they did to my employer. When I went back to work last Monday and gave my doctor (employer) my excuse, he started yelling at me and told me I should have come to work since I only had a cold. It made it hard working without me there and only the one other medical assistant. He further told me that he had looked over the results from the clinic and he still believed I wasn’t sick and could have come into work. He said he is going to cut my hourly pay and my work hours because I didn’t come in.
I did have sick days, which he let me use for those days off. Is it legal for him to cut my pay and hours now? He gave the other assistant some of my job duties and also gave her a pay raise. He treats me very cold and won’t talk to me unless he asolutely has to now also.
Posted by: Amelia
Hi Bridgette! This is a bad situation, but what the employer has done appears to be lawful.
We will say, if the comments we get on this site are any indication, most doctors could benefit from a basic HR seminar. They seem to have more trouble supervising employees than any other occupation.
The employer did pay you for the days you were out sick. Technically, an employer can reduce any workers hours at any time for any reason. (The exception would be if the employer were discriminating against an employee based on race, color, religion, sex, etc.) In this case, the employer appears to be handling what he perceives as an attendance problem by scheduling you for fewer hours. This is not good management. The best practice is not to use “punative scheduling”. However, it is lawful.
It is also clearly unreasonable for the employer to demand that you come to work when sick, or that you accept his diagnosis and not seek a second opinion. Unfortunately, while all of this is unreasonable and bad business management, it is lawful.
If the employer significantly reduces your wages and/or hours, and you decide to quit rather than accept the new working conditions, in most cases you can collect unemployment benefits. However, if you work under the new arrangement even for one day, you have accepted the new conditions and would not qualify for unemployment if you quit later.
If you decide to stay in this job for the time being, you would be completely justified in looking for a better job. And, the employer has made it clear that he expects you to work when you are ill (which would probably disappoint many of his patients, who would rather not be around your germs.) HTH, and thanks for reading the blogs!~ Amelia
Posted by: Sherry
Hello Amelia,
So today my boss came up to me with a picture in the newspaper of a girl making an ugly face while making a golf swing and laughed in front of co-workers saying he found my twin because she looked just like me. It was really offensive to me and quite embarrassing. Is this something to document against him for sex discrimination?
Sherry
Posted by: Amelia
Hi Sherry! That is not conclusive evidence of sex discrimination but yes, you should keep a written record of the date, time and the incident of any demeaning behavior like this. If you can get a copy of the newspaper photo, so much the better. Do this for anything that makes you uncomfortable. But again, merely being insulting to women does not prove illegal discrimination if the boss is also insulting to men. (It may prove that he has poor interpersonal skills and is not very good at his job.) The strongest evidence of discrimination is if he treats men and women differently.
However, once you have a number of these demeaning incidents, you and your coworkers can go to HR with them. HTH, and thanks for reading the blogs!~ Amelia